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Third party docs acceptable - Invoice issuer unmentioned

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Tue, 08/25/2015 - 21:13
LCLogic
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Dear ALL,

ISBP745: Third party docs: "All docs for which the credit OR the UCP 600 do not indicate an issuer........"

LC states: "Commercial invoice in 03 originals"  (without mentioning the issuer)

==> As the "OR clause" is true when either of which is true, can it be deduced in this case that the commercial invoice can be issued by any party othan the beneficiary ? (in this case it is TRUE that the credit do not indicate an issuer)

Thank You so much !

 

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Wed, 08/26/2015 - 21:20
#1
pan
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Joined: 09/13/2007
Art 18 UCP

Hi Friend,

UCP 600 art 18 a i, states: a commercial invoice; must appear to have been issued by the beneficiary(except as provided in art 38 Tranferable credit).

This means that the only acceptable invoice must be issued by beneficiary, even if not indicated .

Exceptions: l/c states different issuer or in transferable l/c. "Third party documents acceptable" clause does not modify this prescription.

Hoping to have been more clear!!

Ciao

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Wed, 08/26/2015 - 06:02
#2
pan
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Joined: 09/13/2007
read well

Hi Friend,

UCP indicate the issuer of some documents, a carrier for transport document, an insurer for the insurance policy or certificate and the beneficiary for the invoice, except in transferable l/C(art 18 a i)

So  no issue about that.

Other comments appreciated

Ciao

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Wed, 08/26/2015 - 20:15
#3
LCLogic
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Joined: 08/25/2015
Thank you Pan, but i dont

Thank you Pan, but i dont seem to get your answer clearly

May i put it this way:

ISBP745: Third party docs: "All docs for which the credit OR the UCP 600 do not indicate an issuer........maybe issued by……..other than the beneficiary"

LC states: "Commercial invoice in 03 originals"  (without mentioning the issuer) and "Third party docs acceptable”

 

==>

1. The "OR clause" is true when either of which is true

2. In this case that the credit do not indicate an issuer (though indicated in UCP-ISBP745), so the “OR clause” is true / satisfied

 

è  Can it be deduced in this case that the commercial invoice can be issued by any party other than the beneficiary ? 

All comments appreciated !

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Thu, 09/03/2015 - 05:05
#4
Mukesh Singh
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Joined: 09/03/2015
Hi.. Seems like

Hi..

Seems like interpretation issue.

"All docs for which the credit OR the UCP 600 do.......". It means that if the Issuer is defined either in Credit or in UCP 600, then it has to be issued by that defined issuer only (as per Credit or UCP 600).

Hope it makes clear.

Thanks

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